Section 62-8-11 – Filing time to qualify for disability or death compensation.
62-8-11. Filing time to qualify for disability or death compensation. An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless a claim is filed with the Department of Labor and Regulation within two years after the claimant becomes disabled from such disease, or in […]
Section 62-8-12 – Conditions of liability–Burden of proof.
62-8-12. Conditions of liability–Burden of proof. The burden of proof shall be upon the claimant to establish each and every fact under §62-8-11 by competent medical evidence. Source: SDC 1939, §64.0807 (1) as enacted by SL 1947, ch 426; SL 1965, ch 308, §1.
Section 62-8-13 – Notice of disability required–Claim for compensation.
62-8-13. Notice of disability required–Claim for compensation. An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless notice of disability and claim for compensation has been given and made to the employer in writing within the time fixed in §§62-8-29 to 62-8-32, inclusive. Source: […]
Section 62-8-14 – Silicosis cases–Period of exposure.
62-8-14. Silicosis cases–Period of exposure. No claim for disability or death from silicosis may be maintained or prosecuted otherwise than under the provisions of this chapter, or come within the provisions of this chapter, unless the employee has been injuriously exposed to the inhalation of silica dust over a period of not less than two […]
Section 62-8-15 – Last employer liable–Amount of compensation–Notice of disability–Claim for compensation.
62-8-15. Last employer liable–Amount of compensation–Notice of disability–Claim for compensation. If compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the disease is liable therefor. The amount of the compensation shall be based upon the average weekly wages (as defined in the […]
Section 62-8-16 – Maximum compensation for death or disability.
62-8-16. Maximum compensation for death or disability. The maximum compensation to be allowed for disability, or death, or both, on account of any occupational disease is the limit fixed in the workers’ compensation law. Source: SDC 1939, §64.0809 as enacted by SL 1947, ch 426.
Section 62-8-17 – Waiver of disability benefits by working for another.
62-8-17. Waiver of disability benefits by working for another. If a totally disabled employee engages in any remunerative work for any other employer, the employee thereby waives disability benefits or compensation under this chapter for the period as the employee is so engaged. Source: SDC 1939, §64.0809 as enacted by SL 1947, ch 426; SL […]
Section 62-8-18 – Death in case of silicosis–Liability of last employer.
62-8-18. Death in case of silicosis–Liability of last employer. In case of silicosis, the only employer liable is the last employer in whose employment the employee was last injuriously exposed to the hazards of the disease during a period of sixty days or more. Source: SDC 1939, §64.0809 as enacted by SL 1947, ch 426; […]
Section 62-8-19 – Disability or death from silicosis with complication of tuberculosis.
62-8-19. Disability or death from silicosis with complication of tuberculosis. In case of disability or death from silicosis, complicated with tuberculosis of the lungs, compensation is payable as for uncomplicated silicosis, if the silicosis was an essential factor in causing the disability or death. Source: SDC 1939, §64.0810 as enacted by SL 1947, ch 426; […]
Section 62-8-6 – Employers and workers subject to chapter–Security for compensation–Right to compensation as exclusive remedy.
62-8-6. Employers and workers subject to chapter–Security for compensation–Right to compensation as exclusive remedy. Every employer of workers subject to the workers’ compensation law is subject to the provisions of this chapter and shall secure the payment of compensation in accordance with the provisions of this chapter by any method prescribed by the workers’ compensation […]